Legal Question in Business Law in India
a suit for copyright infringement and patent infringement was filed by plaintiff. subsequently, some counter claim regarding the revocation of patent was taken by the defendant, and the original suit was transferred to the high court under section 104 of Patent Act. my question is can a copyright suit will also be transferred to the high court as there are no such provision in copyright act regarding transfer of suit to high court.
2 Answers from Attorneys
15.01.2016
Repeat query. Already answered. Any further advice or guidance in the matter will be rendered only on prepayment.
Under the Law of Patent, any Suit, Claim or Counter Claim relating to Revocation of Patent lies before the High Court. However, under Copyright Law there is no such provisions. Hence, a Separate suit for copyright would not be transferred.
Feel free to contact should you have any question.
Vivek N Mapara
vnmlaws.com
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